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22 Cards in this Set
- Front
- Back
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A complaint is the first pleading filed by a
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plaintiff
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What is a Plantiff?
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party who initiates a lawsuit (also known as an action) before a court.
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the plaintiff seeks a
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legal remedy, and if successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages).
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In some jurisdictions the commencement of a lawsuit is done by filing a summons. What is the purpose of the Summons?
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A judicial summons is addressed to a defendant in a legal proceeding. Typically, the summons will announce to the person to whom it is directed that a legal proceeding has been started against that person, and that a case has been initiated in the issuing court.
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The summons announces a date by which the defendant(s) must either appear in court, or respond in writing to the court or the opposing party or parties. The summons is the descendant of the
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writ of the common law
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In most U.S. jurisdictions, the service of a summons is in most cases required for the court to have
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personal jurisdiction over the party who is being "hauled" into court involuntarily.
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In some jurisdictions the commencement of a lawsuit is done by filing a summons, claim form and/or a complaint, these documents are known as
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pleadings
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A complaint sets forth the relevant
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allegations of fact
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allegations of fact that give rise to one or more legal
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causes of action along with a prayer for relief and sometimes an ad quod damnum clause. In some situations, a complaint is called a petition, in which case the party filing it is called the petitioner and the other party is the respondent. In equity, sometimes called chancery, the initial pleading may be called either a petition or a bill of complaint in chancery.
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What is an "allegation of fact."
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An allegation (also called adduction) is a claim of a fact by a party in a pleading, which the party claims to be able to prove
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Allegations remain assertions without...
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proof, until they can be proved.[1]
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plaintiff must then carry the burden of
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proof and the burden of persuasion in order to succeed in the lawsuit.
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A defendant can allege an.... when answering the complaint.
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affirmative defenses in its answer to the complaint
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A defendant offers an affirmative defense when responding to a plaintiff's claim in
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common law jurisdictions, or, more familiarly, in criminal law
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The "affirmative defense" is an
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An affirmative defense is known, alternatively, as a justification, or an excuse, defense.[1] Consequently, affirmative defenses limit or excuse a defendant's criminal culpability or civil liability
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A clear illustration of an affirmative defense is
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self defense
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In its simplest form, a criminal defendant may be exonerated if he
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can demonstrate that he had an honest and reasonable belief that another's use of force was unlawful and that the defendant's conduct was necessary to protect himself.
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Mistake of fact" is not
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an affirmative defense: it does not require proof but it does introduce doubt.
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. In mistake-of-fact defenses, the defendant asserts that his mistaken belief prevents the establishment, beyond a reasonable doubt, of the required
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mens rea.
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What is Mens Rea
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Mens rea is Latin for "guilty mind"
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The standard common law test of criminal liability is usually expressed in the Latin phrase
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actus non facit reum nisi mens sit rea, which means "the act does not make a person guilty unless the mind be also guilty
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Thus, in jurisdictions with due process, there must be an
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actus reus accompanied by some level of mens rea to constitute the crime with which the defendant is charged (see the technical requirement of concurrence). As a general rule, criminal liability does not attach to a person who acted with the absence of mental fault. The exception is strict liability crimes.
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